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A legal fiction? Pt 2

08 January 2016 / John Murphy
Issue: 7681 / Categories: Features
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In the final article of a two-part series, John Murphy asks if a truth defence in defamation can reduce the damages available in malicious falsehood?

In Pt 1 of this series it was noted that one—in theory, the most reasonable—interpretation of a statement may attract the defence of truth for the purposes of defamation law, yet not eclipse entirely the prospect of liability in the tort of malicious falsehood (see “A legal fiction? Pt 1”, 165 NLJ 7680, p 13). This begs the question of what implications, if any, the availability of this defence is likely to have for a successful malicious falsehood claim based upon a secondary meaning within a given statement. No such issue arose in Cruddas v Calvert [2015] EWCA Civ 171, [2015] All ER (D) 184 (Mar), because, on the facts of that case, the claimant was unable to show malice on the part of the defendant journalists and there was, therefore, no prospect of a successful malicious falsehood claim. It was true that certain readers might well foreseeably understand

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Muckle LLP—Rachael Chapman

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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